California Judges Say Cities Might Be Able to Ban Pot Clubs

A Riverside, California, medical pot store sued the city to
overturn its ordinance barring dispensaries on grounds that
under the state’s Compassionate Use Act, patients are shielded
from certain state criminal drug laws and cities can’t disallow
pot stores, only regulate their operation or location.

Justice Goodwin Liu said during a hearing today in San
Francisco that while the act shields patients from state
sanctions, it doesn’t address actions against medical marijuana
taken by local authorities.

“It’s a limited immunity from certain kinds of state
actions, but it says nothing about local sanctions,” Liu said.

Riverside’s Inland Empire Patients’ Health and Wellness
center is one of hundreds of pot stores in California created
since voters approved the state’s Compassionate Use Act in 1996.
The law legalized marijuana as a medical treatment for pain and
ailments.

More than 170 California localities have imposed bans on
cannabis stores, according to David Nick, Inland Empire’s
attorney.

Lower courts have upheld the Riverside ban and the
California Supreme Court agreed to consider the pot club’s
appeal. A ruling will be issued within 90 days.